Federal Register
Vol. 75, No. 107
Friday, June 4, 2010
Subject: HAZ - FR/Partial Withdrawal. EPA. Hazardous Waste Technical Corrections and Clarifications Rule
Subject: ALL - FRD. EPA. Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency
Subject: TOXICS - FR. EPA. 2-Propenoic acid polymer, with 1,3-butadiene and ethenylbenzene; Tolerance Exemption
Subject: HAZ, SOLID - PR. EPA. Identification of Non-Hazardous Secondary Materials That Are Solid Waste
Subject: AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers
Subject: AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
Subject: ALL - PR. EPA. Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance From the Environmental Protection Agency
Subject: SOLID, AIR - PR. EPA. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units
Subject: WATER, TOXICS - ND/NM. EPA. Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Notice of draft permit and notice of public meetings
Subject: WILDLIFE - ND. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Post-Delisting Monitoring Plan for Bald Eagle (Haliaeetus leucocephalus)
Subject: HAZ, TOXICS - NM. United States Chemical Safety and Hazard Investigation Board
Vol. 75, No. 107
Friday, June 4, 2010
There are 11 announcements in this issue
1. HAZ - FR/Partial Withdrawal. EPA. Hazardous Waste Technical Corrections and Clarifications Rule
2. ALL - FRD. EPA. Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency
3. TOXICS - FR. EPA. 2-Propenoic acid polymer, with 1,3-butadiene and ethenylbenzene; Tolerance Exemption
4. HAZ, SOLID - PR. EPA. Identification of Non-Hazardous Secondary Materials That Are Solid Waste
5. AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers
6. AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
7. ALL - PR. EPA. Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance From the Environmental Protection Agency
8. SOLID, AIR - PR. EPA. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units
9. WATER, TOXICS - ND/NM. EPA. Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Notice of draft permit and notice of public meetings
10. WILDLIFE - ND. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Post-Delisting Monitoring Plan for Bald Eagle (Haliaeetus leucocephalus)
11. HAZ, TOXICS - NM. United States Chemical Safety and Hazard Investigation Board
CODES USED: THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.
REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES: AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT - Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
ANNOUNCEMENT 1
Subject: HAZ - FR/Partial Withdrawal. EPA. Hazardous Waste Technical Corrections and Clarifications Rule
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]
[Page 31716-31717]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268, and 270
[EPA-RCRA-2008-0678; FRL-9158-5]
RIN 2050-AG52
Hazardous Waste Technical Corrections and Clarifications Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: On March 18, 2010, EPA published in the Federal Register a
Direct Final rule entitled, Hazardous Waste Technical Corrections and
Clarifications Rule (75 FR 12989). This Direct Final rule included a
number of specific technical changes to correct or clarify several
parts of the Resource Conservation and Recovery Act (RCRA) hazardous
waste regulations. At the same time, EPA also published a parallel
Proposed Rule (75 FR 13006) for the same changes. EPA received adverse
comment on four of the specific amendments and thus is withdrawing
them. The four amendments being withdrawn are: 40 CFR 262.34(a); 40 CFR
262.34(a)(2); 40 CFR 262.34(a)(5), and 40 CFR 266.20(b). As a result of
withdrawing the amendment at 40 CFR 262.34(a)(5), we also are
withdrawing the related amendment at 40 CFR 262.34(a)(1)(iv)(B).
Finally, because of a typographical error, we also are withdrawing the
amendment to the entry ``K107'' in the table at 40 CFR 261.32(a).
DATES: On June 16, 2010, all amendments go into effect that were
published in the Federal Register at 75 FR 12989 on March 18, 2010,
except the following: The amendment to the entry ``K107'' in the table
at 40 CFR 261.32(a); the amendment to 40 CFR 262.34(a); the amendment
to 40 CFR 262.34(a)(1)(iv)(B); the amendment to 40 CFR 262.34(a)(2);
the amendment to 40 CFR 262.34(a)(5), and the amendment at 40 CFR
266.20(b) which are withdrawn effective June 4, 2010.
FOR FURTHER INFORMATION CONTACT: Jim O'Leary, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery
(MC:5304P), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, Phone:
(703) 308-8827; or e-mail: oleary.jim@epa.gov.
[Rules and Regulations]
[Page 31716-31717]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268, and 270
[EPA-RCRA-2008-0678; FRL-9158-5]
RIN 2050-AG52
Hazardous Waste Technical Corrections and Clarifications Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: On March 18, 2010, EPA published in the Federal Register a
Direct Final rule entitled, Hazardous Waste Technical Corrections and
Clarifications Rule (75 FR 12989). This Direct Final rule included a
number of specific technical changes to correct or clarify several
parts of the Resource Conservation and Recovery Act (RCRA) hazardous
waste regulations. At the same time, EPA also published a parallel
Proposed Rule (75 FR 13006) for the same changes. EPA received adverse
comment on four of the specific amendments and thus is withdrawing
them. The four amendments being withdrawn are: 40 CFR 262.34(a); 40 CFR
262.34(a)(2); 40 CFR 262.34(a)(5), and 40 CFR 266.20(b). As a result of
withdrawing the amendment at 40 CFR 262.34(a)(5), we also are
withdrawing the related amendment at 40 CFR 262.34(a)(1)(iv)(B).
Finally, because of a typographical error, we also are withdrawing the
amendment to the entry ``K107'' in the table at 40 CFR 261.32(a).
DATES: On June 16, 2010, all amendments go into effect that were
published in the Federal Register at 75 FR 12989 on March 18, 2010,
except the following: The amendment to the entry ``K107'' in the table
at 40 CFR 261.32(a); the amendment to 40 CFR 262.34(a); the amendment
to 40 CFR 262.34(a)(1)(iv)(B); the amendment to 40 CFR 262.34(a)(2);
the amendment to 40 CFR 262.34(a)(5), and the amendment at 40 CFR
266.20(b) which are withdrawn effective June 4, 2010.
FOR FURTHER INFORMATION CONTACT: Jim O'Leary, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery
(MC:5304P), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, Phone:
(703) 308-8827; or e-mail: oleary.jim@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: ALL - FRD. EPA. Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]
[Page 31702-31709]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
[EPA-HQ-OA-2004-0002; FRL-9158-9]
RIN 2090-AA37
Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Assistance from the Environmental Protection Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Assistance
from the Environmental Protection Agency. This document sets out EPA
rules for implementing the Age Discrimination Act of 1975, as amended.
The Act prohibits discrimination on the basis of age in programs or
activities receiving Federal assistance.
DATES: This rule is effective on October 4, 2010 without further
notice, unless EPA receives adverse comment by August 3, 2010. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2004-0002, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: docket.oei@epa.gov.
Fax: 202-566-0562.
Mail: OEI Docket, U.S. EPA, Mail Code: 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
Hand delivery: OEI Docket, EPA Docket Center, Room 3334,
EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangement should be made for deliveries of
boxed information. . .
FOR FURTHER INFORMATION CONTACT: Tom Walker, U.S. Environmental
Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200
Pennsylvania Ave., NW., Washington, DC 20460, telephone (202) 343-9894.
[Rules and Regulations]
[Page 31702-31709]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
[EPA-HQ-OA-2004-0002; FRL-9158-9]
RIN 2090-AA37
Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Assistance from the Environmental Protection Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Assistance
from the Environmental Protection Agency. This document sets out EPA
rules for implementing the Age Discrimination Act of 1975, as amended.
The Act prohibits discrimination on the basis of age in programs or
activities receiving Federal assistance.
DATES: This rule is effective on October 4, 2010 without further
notice, unless EPA receives adverse comment by August 3, 2010. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2004-0002, by one of the following methods:
instructions for submitting comments.
Pennsylvania Ave., NW., Washington, DC 20460.
EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangement should be made for deliveries of
boxed information. . .
FOR FURTHER INFORMATION CONTACT: Tom Walker, U.S. Environmental
Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200
Pennsylvania Ave., NW., Washington, DC 20460, telephone (202) 343-9894.
ANNOUNCEMENT 3
Subject: TOXICS - FR. EPA. 2-Propenoic acid polymer, with 1,3-butadiene and ethenylbenzene; Tolerance Exemption
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]
[Page 31713-31716]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2010-0033; FRL-8827-4]
2-Propenoic acid polymer, with 1,3-butadiene and ethenylbenzene;
Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-propenoic acid polymer, with 1,3-
butadiene and ethenylbenzene, minimum number average molecular weight
(in AMU) 9400 (CAS Reg. No. 25085-39-6); when used as an inert
ingredient in a pesticide chemical formulation under 40 CFR 180.960.
BASF Corporation submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of 2-propenoic acid
polymer, with 1,3-butadiene and ethenylbenzene on food or feed
commodities.
DATES: This regulation is effective June 4, 2010. Objections and
requests for hearings must be received on or before August 3, 2010, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0033. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Elizabeth Fertich, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8560; e-mail address:
fertich.elizabeth@epa.gov.
[Rules and Regulations]
[Page 31713-31716]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2010-0033; FRL-8827-4]
2-Propenoic acid polymer, with 1,3-butadiene and ethenylbenzene;
Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-propenoic acid polymer, with 1,3-
butadiene and ethenylbenzene, minimum number average molecular weight
(in AMU) 9400 (CAS Reg. No. 25085-39-6); when used as an inert
ingredient in a pesticide chemical formulation under 40 CFR 180.960.
BASF Corporation submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of 2-propenoic acid
polymer, with 1,3-butadiene and ethenylbenzene on food or feed
commodities.
DATES: This regulation is effective June 4, 2010. Objections and
requests for hearings must be received on or before August 3, 2010, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0033. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Elizabeth Fertich, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8560; e-mail address:
fertich.elizabeth@epa.gov.
ANNOUNCEMENT 4
Subject: HAZ, SOLID - PR. EPA. Identification of Non-Hazardous Secondary Materials That Are Solid Waste
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Proposed Rules]
[Page 31843-31893]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 241
[EPA-HQ-RCRA-2008-0329; FRL-9148-2]
RIN 2050-AG44
Identification of Non-Hazardous Secondary Materials That Are
Solid Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On January 2, 2009, the Environmental Protection Agency (EPA
or the Agency) issued an Advanced Notice of Proposed Rulemaking (ANPRM)
to solicit comment on which non-hazardous secondary materials that are
used as fuels or ingredients in combustion units are solid wastes under
the Resource Conservation and Recovery Act (RCRA). The meaning of
``solid waste'' as defined under RCRA is of particular importance since
it will determine whether a combustion unit is required to meet
emissions standards for solid waste incineration units issued under
section 129 of the Clean Air Act (CAA) or emissions standards for
commercial, industrial, and institutional boilers issued under CAA
section 112. CAA section 129 states that the term ``solid waste'' shall
have the meaning ``established by the Administrator pursuant to
[RCRA].'' EPA is proposing a definition of non-hazardous solid waste
that would be used to identify whether non-hazardous secondary
materials burned as fuels or used as ingredients in combustion units
are solid waste. EPA is also proposing that non-hazardous secondary
materials that have been discarded, and are therefore solid wastes, may
be rendered products after they have been processed (altered chemically
or physically) into a fuel or ingredient product. This proposed rule is
necessary to identify units for the purpose of developing certain
standards under sections 112 and 129 of the CAA. In addition to this
proposed rule, EPA is concurrently proposing air emission requirements
under CAA section 112 for industrial, commercial, and institutional
boilers and process heaters, as well as air emission requirements under
CAA section 129 for commercial and industrial solid waste incineration
units.
DATES: Comments. Comments must be received on or before July 19, 2010.
Under the Paperwork Reduction Act, comments on the information
collection provisions are best assured of having full effect if the
Office of Management and Budget (OMB) receives a copy of your comments
on or before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed CAA rules, discussed in
this proposal and published in the proposed rules section of today's
Federal Register, on June 21, 2010. Persons requesting to speak at a
public hearing must contact EPA by June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0329, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to: rcra-docket@epa.gov, Attention Docket ID No. EPA-HQ-RCRA-2008-0329.
In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly to the docket without going through EPA's electronic public
docket, EPA's e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA's e-mail system
are included as part of the comment that is placed in the official
public docket, and made available in EPA's electronic public docket.
Fax: Comments may be faxed to 202-566-9744, Attention
Docket ID No. EPA-HQ-RCRA-2008-0329.
Mail: Proposed Rulemaking--Identification of Non-Hazardous
Secondary Materials That Are Solid Waste, Environmental Protection
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of 2 copies. In addition, please mail a
copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW.,
Washington, DC 20503.
Hand Delivery: Deliver two copies of your comments to
Proposed Rulemaking--Identification of Non-Hazardous Secondary
Materials That Are Solid Waste, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. Attention Docket ID No.
EPA-HQ-RCRA-2008-0329. Such deliveries are only accepted during the
Docket's normal hours of operation and special arrangements should be
made for deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: George Faison, Program Implementation
and Information Division, Office of Resource Conservation and Recovery,
5303P, Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Washington, DC 20460-0002; telephone number:
703-305-7652; fax number: 703-308-0509; e-mail address:
faison.george@epa.gov.
[Proposed Rules]
[Page 31843-31893]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 241
[EPA-HQ-RCRA-2008-0329; FRL-9148-2]
RIN 2050-AG44
Identification of Non-Hazardous Secondary Materials That Are
Solid Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On January 2, 2009, the Environmental Protection Agency (EPA
or the Agency) issued an Advanced Notice of Proposed Rulemaking (ANPRM)
to solicit comment on which non-hazardous secondary materials that are
used as fuels or ingredients in combustion units are solid wastes under
the Resource Conservation and Recovery Act (RCRA). The meaning of
``solid waste'' as defined under RCRA is of particular importance since
it will determine whether a combustion unit is required to meet
emissions standards for solid waste incineration units issued under
section 129 of the Clean Air Act (CAA) or emissions standards for
commercial, industrial, and institutional boilers issued under CAA
section 112. CAA section 129 states that the term ``solid waste'' shall
have the meaning ``established by the Administrator pursuant to
[RCRA].'' EPA is proposing a definition of non-hazardous solid waste
that would be used to identify whether non-hazardous secondary
materials burned as fuels or used as ingredients in combustion units
are solid waste. EPA is also proposing that non-hazardous secondary
materials that have been discarded, and are therefore solid wastes, may
be rendered products after they have been processed (altered chemically
or physically) into a fuel or ingredient product. This proposed rule is
necessary to identify units for the purpose of developing certain
standards under sections 112 and 129 of the CAA. In addition to this
proposed rule, EPA is concurrently proposing air emission requirements
under CAA section 112 for industrial, commercial, and institutional
boilers and process heaters, as well as air emission requirements under
CAA section 129 for commercial and industrial solid waste incineration
units.
DATES: Comments. Comments must be received on or before July 19, 2010.
Under the Paperwork Reduction Act, comments on the information
collection provisions are best assured of having full effect if the
Office of Management and Budget (OMB) receives a copy of your comments
on or before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed CAA rules, discussed in
this proposal and published in the proposed rules section of today's
Federal Register, on June 21, 2010. Persons requesting to speak at a
public hearing must contact EPA by June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0329, by one of the following methods:
instructions for submitting comments.
to: rcra-docket@epa.gov, Attention Docket ID No. EPA-HQ-RCRA-2008-0329.
In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly to the docket without going through EPA's electronic public
docket, EPA's e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA's e-mail system
are included as part of the comment that is placed in the official
public docket, and made available in EPA's electronic public docket.
Docket ID No. EPA-HQ-RCRA-2008-0329.
Secondary Materials That Are Solid Waste, Environmental Protection
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of 2 copies. In addition, please mail a
copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW.,
Washington, DC 20503.
Proposed Rulemaking--Identification of Non-Hazardous Secondary
Materials That Are Solid Waste, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. Attention Docket ID No.
EPA-HQ-RCRA-2008-0329. Such deliveries are only accepted during the
Docket's normal hours of operation and special arrangements should be
made for deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: George Faison, Program Implementation
and Information Division, Office of Resource Conservation and Recovery,
5303P, Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Washington, DC 20460-0002; telephone number:
703-305-7652; fax number: 703-308-0509; e-mail address:
faison.george@epa.gov.
ANNOUNCEMENT 5
Subject: AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Proposed Rules]
[Page 31895-31935]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0790; FRL-9148-3]
RIN 2060-AM44
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and Institutional Boilers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing national emission standards for control of
hazardous air pollutants from two area source categories: Industrial
boilers and commercial and institutional boilers. The proposed emission
standards for control of mercury emissions from coal-fired area source
boilers and the proposed emission standards for control of polycyclic
organic matter emissions from all area source boilers are based on the
maximum achievable control technology. The proposed emission standards
for control of mercury emissions from biomass-fired and oil-fired area
source boilers and for other hazardous air pollutants are based on
EPA's proposed determination as to what constitutes the generally
available control technology or management practices.
EPA is also clarifying that gas-fired area source boilers are not
needed to meet the 90 percent requirement of section 112(c)(3) of the
Clean Air Act.
Finally, we are also proposing that existing area source facilities
with an affected boiler with a designed heat input capacity of 10
million Btu per hour or greater undergo an energy assessment on the
boiler system to identify cost-effective energy conservation measures.
DATES: Comments must be received on or before July 19, 2010. Under the
Paperwork Reduction Act, comments on the information collection
provisions are best assured of having full effect if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed Boiler major source, CISWI,
and RCRA rules, discussed in this proposal and published in the
proposed rules section of today's Federal Register, on June 21, 2010.
Persons requesting to speak at a public hearing must contact EPA by
June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0790, by one of the following methods:
http://www.regulations.gov. Follow the instructions for
submitting comments.
http://www.epa.gov/oar/docket.html. Follow the
instructions for submitting comments on the EPA Air and Radiation
Docket Web site.
E-mail: Comments may be sent by electronic mail (e-mail)
to a-and-r-docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2006-
0790.
Fax: Fax your comments to: (202) 566-9744, Docket ID No.
EPA-HQ-OAR-2006-0790.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Docket ID No. EPA-HQ-OAR-2006-0790.
Please include a total of two copies. In addition, please mail a copy
of your comments on the information collection provisions to the Office
of Information and Regulatory Affairs, OMB, Attn: Desk Officer for EPA,
725 17th St., NW., Washington, DC 20503.
Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC 20460. Attention Docket ID No. EPA-HQ-OAR-2006-
0790. Such deliveries are only accepted during the Docket's normal
hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holiday), and special arrangements should be made for
deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Johnson, Energy Strategies
Group, Sector Policies and Programs Division, (D243-01), Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-5025; Fax number (919) 541-5450; e-mail address:
johnson.mary@epa.gov.
[Proposed Rules]
[Page 31895-31935]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0790; FRL-9148-3]
RIN 2060-AM44
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and Institutional Boilers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing national emission standards for control of
hazardous air pollutants from two area source categories: Industrial
boilers and commercial and institutional boilers. The proposed emission
standards for control of mercury emissions from coal-fired area source
boilers and the proposed emission standards for control of polycyclic
organic matter emissions from all area source boilers are based on the
maximum achievable control technology. The proposed emission standards
for control of mercury emissions from biomass-fired and oil-fired area
source boilers and for other hazardous air pollutants are based on
EPA's proposed determination as to what constitutes the generally
available control technology or management practices.
EPA is also clarifying that gas-fired area source boilers are not
needed to meet the 90 percent requirement of section 112(c)(3) of the
Clean Air Act.
Finally, we are also proposing that existing area source facilities
with an affected boiler with a designed heat input capacity of 10
million Btu per hour or greater undergo an energy assessment on the
boiler system to identify cost-effective energy conservation measures.
DATES: Comments must be received on or before July 19, 2010. Under the
Paperwork Reduction Act, comments on the information collection
provisions are best assured of having full effect if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed Boiler major source, CISWI,
and RCRA rules, discussed in this proposal and published in the
proposed rules section of today's Federal Register, on June 21, 2010.
Persons requesting to speak at a public hearing must contact EPA by
June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0790, by one of the following methods:
submitting comments.
instructions for submitting comments on the EPA Air and Radiation
Docket Web site.
to a-and-r-docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2006-
0790.
EPA-HQ-OAR-2006-0790.
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Docket ID No. EPA-HQ-OAR-2006-0790.
Please include a total of two copies. In addition, please mail a copy
of your comments on the information collection provisions to the Office
of Information and Regulatory Affairs, OMB, Attn: Desk Officer for EPA,
725 17th St., NW., Washington, DC 20503.
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC 20460. Attention Docket ID No. EPA-HQ-OAR-2006-
0790. Such deliveries are only accepted during the Docket's normal
hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holiday), and special arrangements should be made for
deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Johnson, Energy Strategies
Group, Sector Policies and Programs Division, (D243-01), Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-5025; Fax number (919) 541-5450; e-mail address:
johnson.mary@epa.gov.
ANNOUNCEMENT 6
Subject: AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Proposed Rules]
[Page 32005-32073]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0058; FRL-9148-5]
RIN 2060-AG69
National Emission Standards for Hazardous Air Pollutants for
Major Sources: Industrial, Commercial, and Institutional Boilers and
Process Heaters
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On September 13, 2004, under authority of section 112 of the
Clean Air Act, EPA promulgated national emission standards for
hazardous air pollutants for new and existing industrial/commercial/
institutional boilers and process heaters. On June 19, 2007, the United
States Court of Appeals for the District of Columbia Circuit vacated
and remanded the national emission standards for hazardous air
pollutants for industrial/commercial/institutional boilers and process
heaters.
In response to the court's vacatur and remand, this action would
require all major sources to meet hazardous air pollutants emissions
standards reflecting the application of the maximum achievable control
technology. The proposed rule would protect air quality and promote
public health by reducing emissions of the hazardous air pollutants
listed in section 112(b)(1) of the Clean Air Act.
We are also proposing that existing major source facilities with an
affected boiler undergo an energy assessment on the boiler system to
identify cost-effective energy conservation measures.
DATES: Comments must be received on or before July 19, 2010. Under the
Paperwork Reduction Act, comments on the information collection
provisions are best assured of having full effect if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed Boiler area source, CISWI,
and RCRA rules, discussed in this proposal and published in the
proposed rules section of today's Federal Register, on June 21, 2010.
Persons requesting to speak at a public hearing must contact EPA by
June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0058, by one of the following methods:
http://www.regulations.gov. Follow the instructions for
submitting comments.
http://www.epa.gov/oar/docket.html. Follow the
instructions for submitting comments on the EPA Air and Radiation
Docket Web site.
E-mail: Comments may be sent by electronic mail (e-mail)
to a-and-r-docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2002-
0058.
Fax: Fax your comments to: (202) 566-9744, Docket ID No.
EPA-HQ-OAR-2002-0058.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Docket ID No. EPA-HQ-OAR-2002-0058.
Please include a total of two copies. In addition, please mail a copy
of your comments on the information collection provisions to the Office
of Information and Regulatory Affairs, OMB, Attn: Desk Officer for EPA,
725 17th St., NW., Washington, DC 20503.
Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holiday), and special arrangements
should be made for deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Shrager, Energy Strategies
Group, Sector Policies and Programs Division, (D243-01), Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; Telephone number: (919)
541-7689; Fax number (919) 541-5450; E-mail address:
shrager.brian@epa.gov.
[Proposed Rules]
[Page 32005-32073]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0058; FRL-9148-5]
RIN 2060-AG69
National Emission Standards for Hazardous Air Pollutants for
Major Sources: Industrial, Commercial, and Institutional Boilers and
Process Heaters
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On September 13, 2004, under authority of section 112 of the
Clean Air Act, EPA promulgated national emission standards for
hazardous air pollutants for new and existing industrial/commercial/
institutional boilers and process heaters. On June 19, 2007, the United
States Court of Appeals for the District of Columbia Circuit vacated
and remanded the national emission standards for hazardous air
pollutants for industrial/commercial/institutional boilers and process
heaters.
In response to the court's vacatur and remand, this action would
require all major sources to meet hazardous air pollutants emissions
standards reflecting the application of the maximum achievable control
technology. The proposed rule would protect air quality and promote
public health by reducing emissions of the hazardous air pollutants
listed in section 112(b)(1) of the Clean Air Act.
We are also proposing that existing major source facilities with an
affected boiler undergo an energy assessment on the boiler system to
identify cost-effective energy conservation measures.
DATES: Comments must be received on or before July 19, 2010. Under the
Paperwork Reduction Act, comments on the information collection
provisions are best assured of having full effect if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed Boiler area source, CISWI,
and RCRA rules, discussed in this proposal and published in the
proposed rules section of today's Federal Register, on June 21, 2010.
Persons requesting to speak at a public hearing must contact EPA by
June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0058, by one of the following methods:
submitting comments.
instructions for submitting comments on the EPA Air and Radiation
Docket Web site.
to a-and-r-docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2002-
0058.
EPA-HQ-OAR-2002-0058.
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Docket ID No. EPA-HQ-OAR-2002-0058.
Please include a total of two copies. In addition, please mail a copy
of your comments on the information collection provisions to the Office
of Information and Regulatory Affairs, OMB, Attn: Desk Officer for EPA,
725 17th St., NW., Washington, DC 20503.
Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holiday), and special arrangements
should be made for deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Shrager, Energy Strategies
Group, Sector Policies and Programs Division, (D243-01), Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; Telephone number: (919)
541-7689; Fax number (919) 541-5450; E-mail address:
shrager.brian@epa.gov.
ANNOUNCEMENT 7
Subject: ALL - PR. EPA. Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance From the Environmental Protection Agency
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Proposed Rules]
[Page 31738-31742]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
[EPA-HQ-OA-2004-0002; FRL-9159-1]
RIN 2090-AA37
Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Assistance From the Environmental Protection Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to take action on Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Assistance
from the Environmental Protection Agency. This document sets out EPA
rules for implementing the Age Discrimination Act of 1975, as amended.
The Act prohibits discrimination on the basis of age in programs or
activities receiving Federal assistance.
DATES: Comments must be received on or before August 3, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2004-0002, by mail to OEI Docket, U.S. EPA, Mail Code: 28221T, 1200
Pennsylvania Ave., NW, Washington, DC 20460. Comments can also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the ``Rules and Regulations'' section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT: Tom Walker, U.S. Environmental
Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200
Pennsylvania Ave., NW., Washington, DC 20460, telephone (202) 343-9894.
[Proposed Rules]
[Page 31738-31742]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
[EPA-HQ-OA-2004-0002; FRL-9159-1]
RIN 2090-AA37
Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Assistance From the Environmental Protection Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to take action on Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Assistance
from the Environmental Protection Agency. This document sets out EPA
rules for implementing the Age Discrimination Act of 1975, as amended.
The Act prohibits discrimination on the basis of age in programs or
activities receiving Federal assistance.
DATES: Comments must be received on or before August 3, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2004-0002, by mail to OEI Docket, U.S. EPA, Mail Code: 28221T, 1200
Pennsylvania Ave., NW, Washington, DC 20460. Comments can also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the ``Rules and Regulations'' section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT: Tom Walker, U.S. Environmental
Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200
Pennsylvania Ave., NW., Washington, DC 20460, telephone (202) 343-9894.
ANNOUNCEMENT 8
Subject: SOLID, AIR - PR. EPA. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Proposed Rules]
[Page 31937-32004]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0119; FRL-9148-4]
RIN 2060-AO12
Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On December 1, 2000, EPA adopted new source performance
standards and emission guidelines for commercial and industrial solid
waste incineration units established under Sections 111 and 129 of the
Clean Air Act. In 2001, EPA granted a petition for reconsideration
regarding the definitions of ``commercial and industrial waste'' and
``commercial and industrial solid waste incineration unit.'' In 2001,
the United States Court of Appeals for the District of Columbia Circuit
granted EPA's voluntary remand, without vacatur, of the 2000 rule. In
2005, EPA proposed and finalized the commercial and industrial solid
waste incineration definition rule which revised the definition of
``solid waste,'' ``commercial and industrial waste,'' and ``commercial
and industrial waste incineration unit.'' In 2007, the United States
Court of Appeals for the District of Columbia Circuit vacated and
remanded the 2005 commercial and industrial solid waste incineration
definition rule.
This action provides EPA's response to the 2001 voluntary remand of
the 2000 rule and the vacatur and remand of the commercial and
industrial solid waste incineration definition rule in 2007. In
addition, this action includes the five-year technology review of the
new source performance standards and emission guidelines required under
Section 129. This action also proposes other amendments that EPA
believes are necessary to adequately address air emissions from
commercial and industrial solid waste incineration units.
DATES: Comments. Comments must be received on or before July 19, 2010.
Under the Paperwork Reduction Act, comments on the information
collection provisions must be received by the Office of Management and
Budget (OMB) on or before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed Boiler and RCRA rules,
discussed in this proposal and published in the proposed rules section
of today's Federal Register, on June 21, 2010. Persons requesting to
speak at a public hearing must contact EPA by June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0119, by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: Send your comments via electronic mail to a-and-r-
Docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2003-0119.
Facsimile: Fax your comments to (202) 566-9744, Attention Docket ID
No. EPA-HQ-OAR-2003-0119.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2003-0119. Please include a total of two copies. We request that a
separate copy also be sent to the contact person identified below (see
FOR FURTHER INFORMATION CONTACT).
Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2003-0119.
Such deliveries are accepted only during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays), and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: Ms. Charlene Spells, Natural Resource
and Commerce Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-5255; fax number: (919) 541-3470; e-
mail address: spells.charlene@epa.gov or Ms. Toni Jones, Natural
Resource and Commerce Group, Sector Policies and Programs Division
(E143-03), Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number: (919) 541-0316; fax number:
(919) 541-3470; e-mail address: jones.toni@epa.gov.
[Proposed Rules]
[Page 31937-32004]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0119; FRL-9148-4]
RIN 2060-AO12
Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On December 1, 2000, EPA adopted new source performance
standards and emission guidelines for commercial and industrial solid
waste incineration units established under Sections 111 and 129 of the
Clean Air Act. In 2001, EPA granted a petition for reconsideration
regarding the definitions of ``commercial and industrial waste'' and
``commercial and industrial solid waste incineration unit.'' In 2001,
the United States Court of Appeals for the District of Columbia Circuit
granted EPA's voluntary remand, without vacatur, of the 2000 rule. In
2005, EPA proposed and finalized the commercial and industrial solid
waste incineration definition rule which revised the definition of
``solid waste,'' ``commercial and industrial waste,'' and ``commercial
and industrial waste incineration unit.'' In 2007, the United States
Court of Appeals for the District of Columbia Circuit vacated and
remanded the 2005 commercial and industrial solid waste incineration
definition rule.
This action provides EPA's response to the 2001 voluntary remand of
the 2000 rule and the vacatur and remand of the commercial and
industrial solid waste incineration definition rule in 2007. In
addition, this action includes the five-year technology review of the
new source performance standards and emission guidelines required under
Section 129. This action also proposes other amendments that EPA
believes are necessary to adequately address air emissions from
commercial and industrial solid waste incineration units.
DATES: Comments. Comments must be received on or before July 19, 2010.
Under the Paperwork Reduction Act, comments on the information
collection provisions must be received by the Office of Management and
Budget (OMB) on or before July 6, 2010.
Public Hearing. We will hold a public hearing concerning this
proposed rule and the interrelated proposed Boiler and RCRA rules,
discussed in this proposal and published in the proposed rules section
of today's Federal Register, on June 21, 2010. Persons requesting to
speak at a public hearing must contact EPA by June 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0119, by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: Send your comments via electronic mail to a-and-r-
Docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2003-0119.
Facsimile: Fax your comments to (202) 566-9744, Attention Docket ID
No. EPA-HQ-OAR-2003-0119.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2003-0119. Please include a total of two copies. We request that a
separate copy also be sent to the contact person identified below (see
FOR FURTHER INFORMATION CONTACT).
Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2003-0119.
Such deliveries are accepted only during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays), and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: Ms. Charlene Spells, Natural Resource
and Commerce Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-5255; fax number: (919) 541-3470; e-
mail address: spells.charlene@epa.gov or Ms. Toni Jones, Natural
Resource and Commerce Group, Sector Policies and Programs Division
(E143-03), Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number: (919) 541-0316; fax number:
(919) 541-3470; e-mail address: jones.toni@epa.gov.
ANNOUNCEMENT 9
Subject: WATER, TOXICS - ND/NM. EPA. Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Notice of draft permit and notice of public meetings
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Notices]
[Page 31775-31785]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9159-2]
Draft National Pollutant Discharge Elimination System (NPDES)
Pesticide General Permit for Point Source Discharges From the
Application of Pesticides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of draft permit and notice of public meetings.
-----------------------------------------------------------------------
SUMMARY: All ten EPA Regions today are proposing a draft NPDES general
permit for point source discharges from the application of certain
pesticides to waters of the United States. Once finalized, this permit
will be available to operators in those areas where EPA is the NPDES
permitting authority. This action is in response to the Sixth Circuit
Court's ruling that vacated an EPA regulation that excluded discharges
from the application of pesticides to or over, including near waters of
the United States from the need to obtain an NPDES permit if the
application was done in accordance with other laws. EPA requested and
was granted a two-year stay of the Court's mandate to provide time to
draft and implement the permit noticed today. The stay of the mandate
expires on April 9, 2011; where after, NPDES permits will be required
for all point source discharges to waters of the United States of
biological pesticides, and chemical pesticides that leave a residue.
This Federal Register notice briefly summarizes the requirements in
this draft general permit for pesticides applications to waters of the
U.S. EPA is soliciting public comment on all aspects of the draft NPDES
permit. This Federal Register notices also includes a list of specific
issues about which the Agency is particularly asking for comment.
Supporting documentation to the permit is contained in an accompanying
fact sheet. The public is encouraged to read this fact sheet to better
understand the permit requirements. The fact sheet and permit can be
found at http://www.epa.gov/npdes/pesticides.
DATES: Comments on the draft general permit must be received on or
before July 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2010-0257, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: ow-docket@epa.gov.
3. Mail to: Water Docket, U.S. Environmental Protection Agency,
Mail Code: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
Attention: Docket ID No. EPA-HQ-OW-2010-0257.
4. Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301
Constitution Avenue, NW., Washington, DC 20004, Attention: Docket ID
No. EPA-HQ-OW-2010-0257. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. . .
[Notices]
[Page 31775-31785]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9159-2]
Draft National Pollutant Discharge Elimination System (NPDES)
Pesticide General Permit for Point Source Discharges From the
Application of Pesticides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of draft permit and notice of public meetings.
-----------------------------------------------------------------------
SUMMARY: All ten EPA Regions today are proposing a draft NPDES general
permit for point source discharges from the application of certain
pesticides to waters of the United States. Once finalized, this permit
will be available to operators in those areas where EPA is the NPDES
permitting authority. This action is in response to the Sixth Circuit
Court's ruling that vacated an EPA regulation that excluded discharges
from the application of pesticides to or over, including near waters of
the United States from the need to obtain an NPDES permit if the
application was done in accordance with other laws. EPA requested and
was granted a two-year stay of the Court's mandate to provide time to
draft and implement the permit noticed today. The stay of the mandate
expires on April 9, 2011; where after, NPDES permits will be required
for all point source discharges to waters of the United States of
biological pesticides, and chemical pesticides that leave a residue.
This Federal Register notice briefly summarizes the requirements in
this draft general permit for pesticides applications to waters of the
U.S. EPA is soliciting public comment on all aspects of the draft NPDES
permit. This Federal Register notices also includes a list of specific
issues about which the Agency is particularly asking for comment.
Supporting documentation to the permit is contained in an accompanying
fact sheet. The public is encouraged to read this fact sheet to better
understand the permit requirements. The fact sheet and permit can be
found at http://www.epa.gov/npdes/pesticides.
DATES: Comments on the draft general permit must be received on or
before July 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2010-0257, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: ow-docket@epa.gov.
3. Mail to: Water Docket, U.S. Environmental Protection Agency,
Mail Code: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
Attention: Docket ID No. EPA-HQ-OW-2010-0257.
4. Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301
Constitution Avenue, NW., Washington, DC 20004, Attention: Docket ID
No. EPA-HQ-OW-2010-0257. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. . .
Public meetings and public hearing: EPA will hold three (3) public
meetings in: Albuquerque, New Mexico on June 14, 2010; Boise, Idaho on
June 16, 2010; Boston, Massachusetts on June 21, 2010; and a public
hearing in Washington, DC on June 23, 2010. The focus of each meeting/
hearing is to present the draft general permit and the basis for the
draft permit requirements, and to answer questions concerning the draft
permit. At these meetings, any person may provide written or oral
statements and data pertaining to the draft permit. The date, time and
location of the public meetings and public hearing are as follows:
Albuquerque, New Mexico: Monday, June 14, 2010, at the CNM
Workforce Training Center, Room 101, 5600 Eagle Rock Avenue, NE,
Albuquerque, New Mexico, from 12 p.m.-3 p.m.
Boise, Idaho: Wednesday, June 16, 2010, at the Bureau of
Reclamation, Rooms 206 & 219, 1150 North Curtis Road, Boise, Idaho from
9 a.m. to 12 p.m.
Boston, Massachusetts: Monday, June 21, 2010, at EPA
Region 1, 5 Post Office Square--Suite 100, Conference Room 1529,
Boston, MA 02109-3912, from 1 p.m. to 4 p.m.
Washington, DC: Wednesday, June 23, 2010, at the EPA East
Building, Room 1153, 1301 Constitution Avenue, NW., Washington, DC
20004, from 10 a.m. to 1 p.m.
If you would like to present a statement at the public hearing in
Washington, DC, please contact Virginia Garelick at 202-564-2316 to
register your intent to provide a public statement. Speakers will be
given up to three minutes (or as time allows) to provide their comments
on a first come first served basis. Any additional comments will need
to be provided in writing. EPA will consider all comments received and
will include copies of such in the Administrative Record.
EPA encourages interested and potentially affected stakeholders to
attend one of the scheduled public meetings and provide oral or written
comments. Please note that the public meetings may close early if all
business is finished. Oral or written comments received at the public
meetings will be entered into the Docket for this permit. If you are
unable to attend, you may submit comments to the EPA Water Docket at
the address identified in the ADDRESSES section listed above.
More information on these meetings will be available on the
Internet at http://www.epa.gov/npdes/pesticides, including any
additional dates and locations if scheduled. Due to limited seating,
those wishing to attend EPA's public meetings are asked to please send
an e-mail message containing their name, telephone number and
organization to Virginia Garelick at garelick.virginia@epa.gov. An e-
mail message is not required, however. Anyone wishing to may attend
provided space is available. If you need a sign language interpreter at
any of these meetings, you should notify Ms. Garelick of such at least
ten business days prior to the meetings so that appropriate
arrangements can be made. For further information, including
registration information, please refer to the following Web site:
http://www.epa.gov/npdes/pesticides.
Webcast: EPA has scheduled a Webcast to provide information on this
draft permit and to answer questions for interested parties that are
unable to attend the public meetings or hearing. The webcast will be
broadcast on June 17, 2010, from 1 p.m. to 3 p.m. Eastern Standard Time
(EST). For information on how to register and attend the webcast, see
EPA's Web site at http://www.epa.gov/npdes/training.
FOR FURTHER INFORMATION CONTACT: For further information on this draft
NPDES general permit, contact the appropriate EPA Regional Office
listed in Section I.F, or contact Jack Faulk, EPA Headquarters, Office
of Water, Office of Wastewater Management at tel.: 202-564-0768 or e-
mail: faulk.jack@epa.gov.
meetings in: Albuquerque, New Mexico on June 14, 2010; Boise, Idaho on
June 16, 2010; Boston, Massachusetts on June 21, 2010; and a public
hearing in Washington, DC on June 23, 2010. The focus of each meeting/
hearing is to present the draft general permit and the basis for the
draft permit requirements, and to answer questions concerning the draft
permit. At these meetings, any person may provide written or oral
statements and data pertaining to the draft permit. The date, time and
location of the public meetings and public hearing are as follows:
Workforce Training Center, Room 101, 5600 Eagle Rock Avenue, NE,
Albuquerque, New Mexico, from 12 p.m.-3 p.m.
Reclamation, Rooms 206 & 219, 1150 North Curtis Road, Boise, Idaho from
9 a.m. to 12 p.m.
Region 1, 5 Post Office Square--Suite 100, Conference Room 1529,
Boston, MA 02109-3912, from 1 p.m. to 4 p.m.
Building, Room 1153, 1301 Constitution Avenue, NW., Washington, DC
20004, from 10 a.m. to 1 p.m.
If you would like to present a statement at the public hearing in
Washington, DC, please contact Virginia Garelick at 202-564-2316 to
register your intent to provide a public statement. Speakers will be
given up to three minutes (or as time allows) to provide their comments
on a first come first served basis. Any additional comments will need
to be provided in writing. EPA will consider all comments received and
will include copies of such in the Administrative Record.
EPA encourages interested and potentially affected stakeholders to
attend one of the scheduled public meetings and provide oral or written
comments. Please note that the public meetings may close early if all
business is finished. Oral or written comments received at the public
meetings will be entered into the Docket for this permit. If you are
unable to attend, you may submit comments to the EPA Water Docket at
the address identified in the ADDRESSES section listed above.
More information on these meetings will be available on the
Internet at http://www.epa.gov/npdes/pesticides, including any
additional dates and locations if scheduled. Due to limited seating,
those wishing to attend EPA's public meetings are asked to please send
an e-mail message containing their name, telephone number and
organization to Virginia Garelick at garelick.virginia@epa.gov. An e-
mail message is not required, however. Anyone wishing to may attend
provided space is available. If you need a sign language interpreter at
any of these meetings, you should notify Ms. Garelick of such at least
ten business days prior to the meetings so that appropriate
arrangements can be made. For further information, including
registration information, please refer to the following Web site:
http://www.epa.gov/npdes/pesticides.
Webcast: EPA has scheduled a Webcast to provide information on this
draft permit and to answer questions for interested parties that are
unable to attend the public meetings or hearing. The webcast will be
broadcast on June 17, 2010, from 1 p.m. to 3 p.m. Eastern Standard Time
(EST). For information on how to register and attend the webcast, see
EPA's Web site at http://www.epa.gov/npdes/training.
FOR FURTHER INFORMATION CONTACT: For further information on this draft
NPDES general permit, contact the appropriate EPA Regional Office
listed in Section I.F, or contact Jack Faulk, EPA Headquarters, Office
of Water, Office of Wastewater Management at tel.: 202-564-0768 or e-
mail: faulk.jack@epa.gov.
ANNOUNCEMENT 10
Subject: WILDLIFE - ND. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Post-Delisting Monitoring Plan for Bald Eagle (Haliaeetus leucocephalus)
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Notices]
[Page 31811]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2009-N0065; 30120-1113-0000 D3]
Endangered and Threatened Wildlife and Plants; Post-Delisting
Monitoring Plan for Bald Eagle (Haliaeetus leucocephalus)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of post-delisting monitoring plan.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of the final post-delisting monitoring plan (PDM Plan) for
the bald eagle (Haliaeetus leucocephalus). The Endangered Species Act
(ESA) requires that we implement a system, in cooperation with the
States, to monitor effectively for at least 5 years the status of all
species that have been recovered and no longer need ESA protection. In
2007, we removed the bald eagle in the contiguous 48 States from the
Federal List of Threatened and Endangered Wildlife and Plants
(delisted) due to recovery. Over a 20-year period, we will monitor the
status of the bald eagle, at 5-year intervals.
ADDRESSES: To request a copy of the final PDM Plan, write to Jody
Millar at our Rock Island Field Office: U.S. Fish and Wildlife Service,
1511 47th Avenue, Moline, IL 61265; or call (309) 757-5800. You may
also request copies by e-mailing us at baldeaglePDM@fws.gov. Specify
whether you want to receive a hard copy by U.S. mail or an electronic
copy by e-mail. The final PDM Plan may also be downloaded from our
regional Web site at http://www.fws.gov/midwest/Endangered or our bald
eagle Web site at http://www.fws.gov/migratorybirds/baldeagle.htm.
FOR FURTHER INFORMATION CONTACT: Jody Millar (see ADDRESSES).
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay Service at 1-800-877-8337 for TTY assistance, 24 hours a
day, 7 days a week.
[Notices]
[Page 31811]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2009-N0065; 30120-1113-0000 D3]
Endangered and Threatened Wildlife and Plants; Post-Delisting
Monitoring Plan for Bald Eagle (Haliaeetus leucocephalus)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of post-delisting monitoring plan.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of the final post-delisting monitoring plan (PDM Plan) for
the bald eagle (Haliaeetus leucocephalus). The Endangered Species Act
(ESA) requires that we implement a system, in cooperation with the
States, to monitor effectively for at least 5 years the status of all
species that have been recovered and no longer need ESA protection. In
2007, we removed the bald eagle in the contiguous 48 States from the
Federal List of Threatened and Endangered Wildlife and Plants
(delisted) due to recovery. Over a 20-year period, we will monitor the
status of the bald eagle, at 5-year intervals.
ADDRESSES: To request a copy of the final PDM Plan, write to Jody
Millar at our Rock Island Field Office: U.S. Fish and Wildlife Service,
1511 47th Avenue, Moline, IL 61265; or call (309) 757-5800. You may
also request copies by e-mailing us at baldeaglePDM@fws.gov. Specify
whether you want to receive a hard copy by U.S. mail or an electronic
copy by e-mail. The final PDM Plan may also be downloaded from our
regional Web site at http://www.fws.gov/midwest/Endangered or our bald
eagle Web site at http://www.fws.gov/migratorybirds/baldeagle.htm.
FOR FURTHER INFORMATION CONTACT: Jody Millar (see ADDRESSES).
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay Service at 1-800-877-8337 for TTY assistance, 24 hours a
day, 7 days a week.
ANNOUNCEMENT 11
Subject: HAZ, TOXICS - NM. United States Chemical Safety and Hazard Investigation Board
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Notices]
[Page 31760-31761]
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
Sunshine Act Meeting
In connection with its investigation into the natural gas explosion
that occurred at the Kleen Energy power plant in Middletown,
Connecticut, the United States Chemical Safety and Hazard Investigation
Board (CSB) announces that it will hold a public meeting on June 28,
2010, in Connecticut. The purpose of the meeting is to consider urgent
safety recommendations to the U.S. Occupational Safety and Health
Administration (OSHA); the National Fire Protection Association (NFPA),
the American Gas Association (AGA); the International Code Council
(ICC) and the Chair of the International Fuel Gas Code Committee; the
American Society of Mechanical Engineers (ASME); and other parties that
result from the CSB investigation of this accident.
The meeting will begin at 6:30 p.m. in the Prince Edward Ballroom,
Saint Clements Castle, 1931 Portland-Cobalt Road, Portland, Connecticut
06480.
At the meeting the CSB investigative team will present its
preliminary findings on the circumstances of the accident to the three
CSB board members and the public. The Board will then receive testimony
from a panel of outside experts and other witnesses, who will discuss
the issues raised by the case. Following a public comment period, the
Board is expected to consider and vote on the draft safety
recommendations.
The meeting is free and open to the public. Pre-registration is not
required, but to assure adequate seating, attendees are encouraged to
pre-register by e-mailing their names and affiliations to kleen@csb.gov
by Friday, June 25, 2010.
On Sunday, February 7, 2010, Kleen Energy, a combined-cycle natural
gas fueled power plant under construction in Middletown, Connecticut,
experienced a catastrophic natural gas explosion that caused six deaths
and at least 50 injuries.
The accident occurred during the planned cleaning of fuel gas
piping, part of the commissioning and startup phase of construction. At
the time of the accident workers were conducting a ``gas blow,''
whereby natural gas is forced through the piping at a high velocity and
pressure in order to remove any debris within the piping. The gas and
debris were subsequently released directly to atmosphere. At the Kleen
Energy construction site, workers used natural gas at a pressure of
approximately 650 pounds per square
inch gauge (psig) to clean gas pipes. A total of 15 natural gas blows
were completed intermittently over approximately four hours through a
number of open pipe ends which were located less than 20 feet off the
ground.
Efforts were made to eliminate or control potential ignition
sources outside the power generation building. However, many ignition
sources existed inside the building: electrical power to the building
was on, welders were actively working, and diesel-fueled heaters were
running.
Initial calculations by CSB investigators reveal that approximately
400,000 standard cubic feet of natural gas were released to the
atmosphere near the building in the final ten minutes before the blast.
Just over 2 million standard cubic feet of gas were released in total
over the course of the morning. At approximately 11:15 a.m., the
released natural gas found an ignition source and exploded.
The meeting will be videotaped and an official transcript will be
included in the investigative file. All staff presentations are
preliminary and are intended solely to allow the Board to consider the
issues and factors involved in this case in a public forum. No factual
analyses, conclusions, findings or recommendations of the staff should
be considered final. Only after the Board has considered and approved
the urgent recommendations will there be an approved final record.
[Notices]
[Page 31760-31761]
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
Sunshine Act Meeting
In connection with its investigation into the natural gas explosion
that occurred at the Kleen Energy power plant in Middletown,
Connecticut, the United States Chemical Safety and Hazard Investigation
Board (CSB) announces that it will hold a public meeting on June 28,
2010, in Connecticut. The purpose of the meeting is to consider urgent
safety recommendations to the U.S. Occupational Safety and Health
Administration (OSHA); the National Fire Protection Association (NFPA),
the American Gas Association (AGA); the International Code Council
(ICC) and the Chair of the International Fuel Gas Code Committee; the
American Society of Mechanical Engineers (ASME); and other parties that
result from the CSB investigation of this accident.
The meeting will begin at 6:30 p.m. in the Prince Edward Ballroom,
Saint Clements Castle, 1931 Portland-Cobalt Road, Portland, Connecticut
06480.
At the meeting the CSB investigative team will present its
preliminary findings on the circumstances of the accident to the three
CSB board members and the public. The Board will then receive testimony
from a panel of outside experts and other witnesses, who will discuss
the issues raised by the case. Following a public comment period, the
Board is expected to consider and vote on the draft safety
recommendations.
The meeting is free and open to the public. Pre-registration is not
required, but to assure adequate seating, attendees are encouraged to
pre-register by e-mailing their names and affiliations to kleen@csb.gov
by Friday, June 25, 2010.
On Sunday, February 7, 2010, Kleen Energy, a combined-cycle natural
gas fueled power plant under construction in Middletown, Connecticut,
experienced a catastrophic natural gas explosion that caused six deaths
and at least 50 injuries.
The accident occurred during the planned cleaning of fuel gas
piping, part of the commissioning and startup phase of construction. At
the time of the accident workers were conducting a ``gas blow,''
whereby natural gas is forced through the piping at a high velocity and
pressure in order to remove any debris within the piping. The gas and
debris were subsequently released directly to atmosphere. At the Kleen
Energy construction site, workers used natural gas at a pressure of
approximately 650 pounds per square
inch gauge (psig) to clean gas pipes. A total of 15 natural gas blows
were completed intermittently over approximately four hours through a
number of open pipe ends which were located less than 20 feet off the
ground.
Efforts were made to eliminate or control potential ignition
sources outside the power generation building. However, many ignition
sources existed inside the building: electrical power to the building
was on, welders were actively working, and diesel-fueled heaters were
running.
Initial calculations by CSB investigators reveal that approximately
400,000 standard cubic feet of natural gas were released to the
atmosphere near the building in the final ten minutes before the blast.
Just over 2 million standard cubic feet of gas were released in total
over the course of the morning. At approximately 11:15 a.m., the
released natural gas found an ignition source and exploded.
The meeting will be videotaped and an official transcript will be
included in the investigative file. All staff presentations are
preliminary and are intended solely to allow the Board to consider the
issues and factors involved in this case in a public forum. No factual
analyses, conclusions, findings or recommendations of the staff should
be considered final. Only after the Board has considered and approved
the urgent recommendations will there be an approved final record.
